The First Amendment and Related Statutes: Problems, Cases and Policy Arguments

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The Fourth Edition casebook examines United States First Amendment law using expertly edited cases, original note materials, and class questions. The Fourth Edition includes, among other things, an improved structure: The vagueness and overbreadth discussion has been moved earlier in the material, so that vagueness and overbreadth can be taught as pervasive First Amendment doctrines rather than as isolated items in the "procedural rules" section. The anonymous speech/association material has been grouped together in a separate section, so that the cases some of which were formerly in the compelled speech section and some in the expressive association section can be better taught together. The right not to contribute money material has been moved together with the right not to speak material, so that the cases some of which were formerly in the expressive association section can be better taught together. Important added cases include: Incitement to crime: United States v. Williams, 553 U.S. 285 (2008). Child pornography / speech intrinsically related to crime: United States v. Stevens, 130 S. Ct. 1577 (2010), and Giboney v. Empire Storage & Ice Co., 336 U.S. 490 (1949).Strict scrutiny: Holder v. Humanitarian Law Project, 130 S. Ct. __ (2010).Campaign speech and money: Citizens United v. FEC, 130 S. Ct. 876 (2010). Content-neutrality: Holder v. Humanitarian Law Project, 130 S. Ct. __ (2010) (excerpt).Government as subsidizer: Christian Legal Society v. Martinez, 130 S. Ct. __ (2010).Anonymous speech: Citizens United v. FEC, 130 S. Ct. 876 (2010) (excerpt) and Doe v. Reed, 130 S. Ct. __ (2010).